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01/14/2010 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 14, 2010 Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Karen Vaughan - Administrative Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Anthony Ballestero of New Destiny Worship Center 3. Pledge of Allegiance 4. Presentations - Given. 4.1 Service Awards One service award was presented to a city employee. 4.2 Adopt-A-Street Awards - Elmer Luoma, Countryside Kiwanis. 4.3 Acknowledge the Countryside Jr. Cougars The Countryside Jr. Cougars were recognized for being the first Pinellas County youth team to participate in a state championship football game. 5. Approval of Minutes Council 2010-01-14 1 5.1 Approve the minutes of the December 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the December 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda - None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the applicant’s request to vacate the East 35 feet of a portion of South Gulfview Boulevard right-of-way lying along the west boundary of Lots 60, 61 and 62, Lloyd-White-Skinner Subdivision, (A.K.A. 311 South Gulfview Blvd.), as more particularly described in the ordinance, subject to project completion on or before June 30, 2012, and pass Ordinance 8145-10 on first reading. (VAC2009-07 L.O.M., Inc.) Staff requested the item be continued. Councilmember John Doran moved to continue Item 7.1 to February 4, 2010. The motion was duly seconded and carried unanimously. 7.2 Continue to February 4, 2010, approval of a Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater as per Beach by Design and Community Development Code Section 4-606 and adopt Resolution 10-01. Staff requested the item be continued. Councilmember George N. Cretekos moved to continue Item 7.2 to February 4, 2010. The motion was duly seconded and carried unanimously. 8. Second Readings – Public Hearing 8.1 Adopt Ordinance 8124-10 on second reading, annexing certain real property whose post office addresses are 3001, 3002, 3008, 3013, 3016, 3021, 3024, 3029, 3032, 3037, 3040, 3045, 3056, 3057, 3069, 3081, and 3093 Crest Drive into Council 2010-01-14 2 the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8124-10 was presented for second reading and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8124-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 8.2 Adopt Ordinance 8125-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 3001, 3002, 3008, 3013, 3016, 3021, 3024, 3029, 3032, 3037, 3040, 3045, 3056, 3057, 3069, 3081, and 3093 Crest Drive, upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance 8125-10 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8125-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 8.3 Adopt Ordinance 8126-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 3001, 3002, 3008, 3013, 3016, 3021, 3024, 3029, 3032, 3037, 3040, 3045, 3056, 3057, 3069, 3081, and 3093 Crest Drive, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 8126-10 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8126-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: Council 2010-01-14 3 "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 8.4 Adopt Ordinance 8128-10 on second reading, amending Ordinance No. 3205-83 as subsequently amended, a Development Order issued pursuant to Chapter 380, Florida Statutes, for Park Place, a Development of Regional Impact, providing findings of fact and conclusions of law; incorporating a revised Map H/Master Development Plan; providing a conversion factor for retail and office development in Parcel 7; allocating retail development to Parcel 7; adding retail development to Parcel 9; extending the buildout date and termination date pursuant to Section 380.06(19)(c), Florida Statutes; determining that said amendments are consistent with the adopted Comprehensive Plan; providing for proper notice of proposed enactment. Ordinance 8128-10 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8128-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. City Manager Reports 9. Consent Agenda 9.1 Appoint David Hogan as Trustee of the Clearwater Firefighters’ Supplemental Trust Fund with term ending December 31, 2010, filling the remaining term vacated by Robert Going in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 9.2 Approve the second renewal of the contract (Purchase Order) with Florida Gas and Electric, 8011 Land O’Lakes Boulevard, Land O’Lakes, FL for the period February 1, 2010, to January 31, 2011, for the Installation of Gas Mains and authorize the appropriate officials to execute same. (consent) 9.3 Approve an increase of $2,595,384.15 in the Clearwater Gas System FY 09/10 Dividend to the City General Fund and allocate $100,000 of this back to the Clearwater Gas System for investment in the Clearwater Neighborhoods Expansion Program to provide gas mains and services to Clearwater citizens. (consent) Council 2010-01-14 4 9.4 Authorize Clearwater Gas System to apply for a Compressed Natural Gas Fueling Equipment Grant from the Florida Energy and Climate Commission. (consent) 9.5 Approve in concept the use of $2,075,709.31 of funding to accomplish certain energy conservation objectives, authorize the Gas System Managing Director to develop and implement programs to accomplish these objectives, authorize CIP project 315-96386 (Expanded Energy Conservation) to be established at first quarter, and authorize the continuation of this funding by recouping these monies as expended through the Gas System Energy Conservation Adjustment rate mechanism. (consent) 9.6 Authorize the renewal of a contract with Humana (CompBenefits) for voluntary employee and retiree dental insurance for the period from January 1, 2010, to December 31, 2010 and authorize the appropriate officials to execute same. (consent) 9.7 Approve renewal of the Agreement between the City and Lincoln Financial and authorize a purchase order in the amount not to exceed $480,000 for life insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, City Basic Life, and Long Term Disability coverages for the two-year period from January 1, 2010 to December 31, 2011 and authorize the appropriate officials to execute same. (consent) 9.8 Authorize the renewal of a contract with MHNet of Florida for employee and retiree Employee Assistance Program and Mental Health/Substance Abuse benefits for the period from January 1, 2010, to December 31, 2010, authorize a purchase order in the amount not to exceed $175,000 for the payment of associated premiums and authorize the appropriate officials to execute same. (consent) 9.10 Accept a non-exclusive Blanket Water Main and Utilities Easement over, under, across and through a portion of the Northwest 1/4 of Section 15, Township 29 South, Range 16 East, conveyed by D. Paul and Barbara J. Haagsma, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.11 Approve 2010 Federal Legislative Package 9.12 Appoint Judith McSwine to the Library Advisory Board with the term to expire January 31, 2014. 9.13 Appoint Margo Walbolt to the Sister Cities Advisory Board as the Clearwater Arts Foundation representative with the term to expire January 31, 2014. 9.14 Approve payment of $100,000 to Chase Realty for services of Mark Searcy in connection with obtaining property for beach parking garage contingent on execution of the Development Agreement with LOM. (consent) Councilmember John Doran moved to approve the Consent Agenda as submitted, less Item 9.9, and that the appropriate officials be authorized to execute same. The motion Council 2010-01-14 5 was duly seconded and carried unanimously. 9.9 Approve Change Order 4 to R.E. Purcell Construction Co., Inc. for S Gulfview Blvd Reconstruction in the amount of $69,205.00 for a total contract value of $1,257,369.22 and authorize the appropriate officials to execute same. (consent) June 18, 2009, City Council awarded R.E. Purcell the construction contract for South Gulfview Blvd Reconstruction Project in the amount of $1,109,657.62. September 11, 2009, City Manager approved Change Order 1 for additional scope of work, specifically water items, increasing the contract by $4,623.76 for a total contract value of $1,114,281.38. October 1, 2009, City Manager approved Change Order 2 adding PVC conduit for traffic signalization and Brighthouse conduit, increasing the contract by $14,924.30 for a total contract of $1,129,205.68. December 3, 2009, City Manager approved Change Order 3 adding items for unforeseen field conditions increasing the contract by $58,958.54 for a total contract of $1,188,164.22. Change Order 4 is to increase the contract for utility conflicts and excessive debris that caused 32 days of delays to the construction schedule in the amount of $69,205 for an amended contract total of $1,257,369.22 Sufficient budget and revenue is available as follows from Capital Improvement Program projects: $50,088.85 from 0315-92273, Streets and Sidewalks; $2,980.76 from 0315-96170, Coastal Basins; and from 09 Water Sewer Bond Proceeds: $14,157.92 from 0376-96752, Water Service Lines; $1,750.66 from 0376-96665, Sanitary Sewer R&R and $226.81 from 0376-96739, Reclaimed Water Dist System to fund the change order. In response to a question, Engineering Director Mike Quillen said sidewalks still meet ADA guidelines. Vice Mayor Paul Gibson moved to approve Change Order 4 to R.E. Purcell Construction Co., Inc. for S Gulfview Blvd Reconstruction in the amount of $69,205.00 for a total contract value of $1,257,369.22 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Approve the RFP Evaluation Committee ranking of Onsite Medical Clinic Providers: 1- CareATC, 2- CareHere, 3- Healthstat, authorize negotiation of a Council 2010-01-14 6 contract with CareATC, for the administration of a facility to provide onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $1.5 million per year; should negotiations with CareATC be unsuccessful authorize negotiations with CareHere; once negotiated, the contract to be presented to Council for approval and approve the first year to be funded from City reserves. In June of 2009, the City issued Request For Proposals 14-09 seeking qualified firms to administer a facility with the ability to provide onsite medical and prescription drug services to the City’s employees, retirees, and their dependents enrolled in the City’s medical insurance plan. Responses to the RFP were received from six entities. A City RFP evaluation committee met initially on Thursday, December 3, 2009 to review and conduct a comparative analysis of the responses. The review focused on respondents’ qualifications, capacity to provide for primary care and work related injuries, identification, measurement, and treatment of high risk individuals, communication plans and member services, as well as proposed costs and cost savings. The evaluation committee scored and ranked the responses, narrowing the list to three finalist candidates. Criteria for the scoring included cost, ability, capacity and skill to perform the requested services, references, and experience with clinic operations. The RFP evaluation committee met again on Wednesday, December 9, 2009 to receive presentations from and interview the three respondents to the RFP identified as finalists. The evaluation committee again scored and ranked the three finalist candidates utilizing the prior criteria. CareATC emerged with the highest ranking by a narrow margin over CareHere. As such, the City requests that Council authorize the City to enter into negotiations initially with CareATC to serve as administrator of a full service onsite primary care clinic. It is anticipated the medical clinic will be used for primary care office visits and case management, acute and urgent care, initial treatment of job-related injuries, immunizations, dispensing of a pre-determined formulary of prescription drugs, employee pre-hire and annual physicals, health risk assessments, disease management, and other wellness initiatives. Costs are to be determined based on negotiated levels of staffing, hours of operation, and extent of services, and will be funded initially from City reserves. Councilmember George N. Cretekos moved to approve the RFP Evaluation Committee ranking of Onsite Medical Clinic Providers: 1- CareATC, 2- CareHere, 3- Healthstat, authorize negotiation of a contract with CareATC, for the administration of a facility to provide onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $1.5 million per year; should negotiations with CareATC be unsuccessful authorize negotiations with CareHere; once negotiated, the contract to be presented to Council for approval and approve the first year to be funded from City reserves. The motion was duly seconded and carried unanimously. 10.2 Approve an agreement between the Federal Aviation Administration (FAA) and Council 2010-01-14 7 the City of Clearwater to waive FAA funding and redirect to Albert Whitted Airport, another local general aviation airport and authorize the appropriate officials to execute same. The Federal Aviation Administration (FAA) apportions funds specified for general aviation airports, including Clearwater Airpark, each fiscal year. If we accept the funds the airpark will become subject to requirements the City does not want to implement. These requirements include, among others, the airpark being open 24 hours a day, maintaining it as an airpark for 20 years and widening the clear zone from 250 to 500 feet. The FAA will allow the City to waive receipt of the funds and redirect them to another local general aviation airport. Albert Whitted Airport is the closet general aviation only airport and already accepts FAA funding, abiding by its conditions. Signing the agreement will keep general aviation grant dollars in Pinellas County and assist an airport that is able to provide general aviation aircraft storage that Clearwater’s airpark cannot accommodate. Signing the agreement will not impose any obligations on the City. It was stated that at least 75 Clearwater residents keep planes at Albert Whitted Airport. Councilmember Carlen Petersen moved to approve an agreement between the Federal Aviation Administration (FAA) and the City of Clearwater to waive FAA funding and redirect to Albert Whitted Airport, another local general aviation airport and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports - None. 12. Council Discussion Items 12.1 September Meetings In order to accommodate the County's budget schedule, staff was directed to change the September council meetings to September 9th and 23rd. Council also directed the February 1 work session begin at 1:00 p.m. to accommodate the Hyatt Grand Opening. 12.2 Dali Museum Funding Request from Tourist Development Council Council 2010-01-14 8 It was stated that the Dali Museum presented a $5.1 million funding request at yesterday's Tourist Development Council (TDC) meeting. The funds are being requested to help fund construction of the new building. The TDC recognizes other organizations also need the ability to request and compete for funds and is looking for cities to propose other organizations. The TDC subcommittee will meet the first week in February and staff will provide proposals. Discussion ensued with concerns expressed regarding organizations in North Pinellas county also deserving funds. It was stated that the Dali Museum is home to a unique collection with international interest. It was noted significant fund raising has already been done for the Dali Museum's new building. It was requested that information regarding from where the Dali's existing funds had come be provided. 13. Other Council Action 13.1 Other Council Action Councilmember Carlen Petersen thanked city employees for their generosity during the food drive. Mayor Frank Hibbard offered condolences to the Schwobs and Perkins families. Adiourn The meeting was adjourned at 6:53 p.m. ~ ~~..? t/ ~~ - Mayor City of Clearwater Attest Council 2010-01-14 9